OFFICE OF THE MAYOR

CITY AND COUNTY OF HONOLULU

530 SOUTH KING STREET, ROOM 300 • HONOLULU, HAWAII 96813
PHONE: (808) 768-4141 • FAX: (808) 768-4242 • INTERNET: www.honoIuIu.ov

KIRK W. CALDWELL ROY K. AMEMIYA, JR.

MAYOR MANAGING DIRECTOR

GEORGETTE T. DEEMER
DEPUTY MANAGING DIRECTOR

May 21, 2020

OFFICE OF THE MAYOR
CITY AND COUNTY OF HONOLULU
EMERGENCY ORDER NO. 2020-13
(COVID-19 [Novel Coronavirus])
SECOND AMENDMENT TO HO’OULU i HONOLULU 2.0
By the authority vested in me as Mayor of the City and County of Honolulu (the “City”)
pursuant to Revised Charter of the City and County of Honolulu 1973 (2017 Edition), as
amended; the Revised Ordinances of the City and County of Honolulu 1990, as amended; the
Hawai’i Revised Statutes, as amended (“Haw. Rev. Stat.”); the Constitution and laws of the
State of Hawai’i; I, KIRK W. CALDWELL, hereby issue this second amendment to Emergency
Order No. 2020-11, Ho’oulu i Honolulu 2.0, as first amended on May 15, 2020 by Emergency
Order No. 2020-12 (the “Order”), to further address the emergency declared in the
Proclamation COVID-19 [Novel Coronavirus] that I issued on March 4, 2020, Supplemental
Proclamation of Emergency or Disaster (COVID-l9 [Novel Coronavirus]) that I issued on
March 18, 2020, and the Second Supplemental Proclamation of Emergency or Disaster (COVID
19 [Novel Coronavirus]) that I issued May 6, 2020.

The Order is hereby amended by replacing Exhibit A of the Order with the updated Exhibit A
attached hereto. This amendment is made to account for the reopening of restaurants and the
reopening of in-person spiritual services, as provided in Exhibit A attached hereto. Except as
expressly modified by this amendment, the Order remains in full force and effect.

This Order shall be posted on the City website as soon as practicable in one or more appropriate
places, and shall remain posted while in effect.

I
KIRK W. CALDWELL
Mayor
City and County of Honolulu
Date: May 21, 2020
Time: V MO PM

APPROVED:

AUL S. AOKI
Acting Corporation Counsel
City and County of Honolulu
 EXHIBIT A

Designated Businesses and Operations

Public and private golf courses within the City operating in accordance with
the guidelines set forth in the Professional Golfers’ Association/Aloha Section’s
“Procedures for Reintroduction to the Game and Business of Golf’ as may be
updated/amended and to the extent reasonably practicable. (Approved by GOV/HJ-EMA 4/29/20);

2. Certain real estate services. All real property sales and management activities must be
accomplished by remote/electronic means whenever possible. Whenever such services
cannot be reasonably be accomplished by remote/electronic means, and subject to the
following restrictions and conditions, the services shall constitute a Designated Business
and Operation:

a. Restrictions:

i. In-person meetings with clients or customers are prohibited, except when

necessary for viewing a property or signing documents required by law
that may not be signed remotely / electronically.
ii. Transportation to/from properties shall be in separate vehicles.
iii. There shall be no (a) open houses for the general public to view a
property; (b) real estate agent caravans; or (c) brokers’ open events.
iv. Property viewings, inspections, appraisals, etc. must be by appointment
only and limited to no more than three (3) individuals at one time and
meeting Social Distancing Requirements of the Stay at Home Order at all
times. Prospective renters/buyers must be pre-qualified by remote means
in order to make a viewing appointment.
v. No real estate activities relating to short term rentals (lodgings that
provide guest accommodations for less than 30 days, other than hotels and
motels) may be conducted.

b. Permitted real estate activities:

i. Residential rental property management (excluding short term rentals).

ii. Satisfaction of, and compliance with current/pending contract
contingencies and other legally mandated activities, such as:
• Property inspection
• Inventory
• Termite inspection
• Appraisal
• Survey
• Removal of items from property
• Repairs/Cleaning
 • Signing
• Final walk through
• Key transfer

c. Fulfilling listing agreement/property management obligations:

• Pre-listing property viewing / analysis for Comparative Market Analysis
(CMA) 86 pricing
• Photography / scanning
• Virtual recording for virtual tours and virtual open houses (to post on
property websites, etc.)
• Inspection of vacant listings to ensure safety, maintenance, upkeep, etc.
• Viewings by appointment, only to prequalified buyers/applicants limited
to no more than three (3) individuals at one time (including agents).
(Approved by GO V/H 1-EMA 4/29/20);

3. New and used car and truck dealerships sales and leasing activities (with restrictions).
-

Licensed new and used car and truck dealerships operating on an appointment-only basis
and limiting appointments as necessary to ensure compliance with Social Distancing
Requirements. No test driving with sales agents is permitted. (Approved by GOV/HI-EMA 4/29/20)

4. Automated service providers. Service providers that do not require human interaction
between the service provider and the customer, including, but not limited to, fully
automated car washes; provided that the service provider implements sanitation measures
consistent with CDC guidelines https://www.cdc.gov/coronavirus/2019-
-

ncov/comrnunity/disinfecting-building-facility.html (Approved by GOV/H1-EMA 4/29/20)

5. Mobile service providers. Businesses that provide services on a mobile basis in which no
human interaction between the service provider and the customer, including, but not
limited to, mobile pet grooming and car washing/detailing businesses; provided that the
service provider implements sanitation measures consistent with CDC guidelines -

https://www.cdc.gov/coronavirus/20 1 9-ncov/community/disinfecting-building-
facility.html (Approved by GOV/HI-EMA 4/29/20);

6. Educational services provided on a one-on-one basis that can be conducted in compliance

with Social Distancing Requirements. Businesses that provide services such as private
tutoring, music lessons, etc., one a one-on-one basis (e.g., one teacher and one student)
that are able to comply with Social Distancing Requirements at all times and
implementing sanitation measures consistent with CDC guidelines -

https://www.cdc.gov/coronavirus/20 1 9-ncov/community/disinfecting-building-
facility.html. (Approved by GOV/HI-EMA 4/29/20);

7. Floral businesses (with restrictions). Floral businesses to the extent all orders are taken
remotely (via telephone, fax, email, etc.), and fulfilled either by delivery or pick-up
outside of the business facility in compliance with Social Distancing Requirements.
(Approved by GOV/H1-EMA 4/29/20);

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8. Retail and repair service businesses, starting on May 15, 2020, provided all of the
following:

a. Occupancy is limited at all times to no more than one (1) person per 200 square
feet of the gross operation area (which equates to approximately 50 percent of the
maximum occupancy load).
b. Social Distancing Requirements (as defined in Section ll.K.) are adhered to at all
times.
c. The City’s “COVID-19 Guidance for Businesses” is followed to the greatest
extent possible https://www.oneoahu.org/business-guidance.
—

d. Fitting rooms (if any) must remain closed.

e. Within shopping malls, the following must remain closed:
• Food-court dining areas (except for delivery or carry out)
• Play areas
• Entertainment areas
• Common areas (except to access and depart from a retail or repair service
business)
• Arcades
• Game rooms
(Approved by GOV/HI-EMA 5/5/20);

9. Outdoor sport fields and courts only for one-on-one sports or exercise where compliance
with the six (6) feet of physical distance requirement is possible. Starting May 15, 2020,
public and private outdoor sport fields and courts y reopen under the following
conditions:

a. Only outdoor one-on-one sports and exercise activities in which it is both possible
and reasonable for individuals to maintain six (6) feet of physical distance
between each other at all times are permitted. Examples include, but are not
limited to, singles tennis, singles pickle ball, yoga, and tai chi. Excluded, are
activities such as one-on-one or team basketball, in which it is neither possible nor
reasonable to play while maintaining six (6) feet of physical distance.

b. Participants must comply with all applicable Social Distancing Requirements,

including the requirement of participants to maintain physical distance of six (6)
feet from one another at all times. However, participants shall not be required to
wear face coverings while actively participating in an activity authorized under
this section.

c. For outdoor group exercise allowed under this section, the maximum number of
participants is ten (10).

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 d. Participants of an activity allowed under this section shall (1) travel to the outdoor
sport field or court; (2) participate in the activity; and (3) then depart from the
field or court. There shall be no social gatherings at the sport field or court
complex.

e. To the extent consistent with this section, and to the extent reasonably practicable,
the facility operators and participants shall follow established and reputable
guidelines for the return to their activity during the COV1D-19 pandemic (if any).
For example, for tennis, the guidelines issued by the United States Tennis
Association’s “Playing Tennis Safely: Player Tips and Recommendations”
(available at https ://www.usta.comlen/home/stay-current/national/usta-statement
on-safety-of-playing-tennis-during-the-covid-19-v.html) should be followed to the
extent they are consistent with this section and to the extent reasonably
practicable.

f. Participants waiting to use a facility open under this section shall abide by all
applicable Social Distancing Requirements, including maintaining physical
distance of six (6) feet from one another at all times. Facilities to open under this
section are encouraged, but not required, to implement a reservation system to
eliminate or reduce waiting times.

g. Nothing in this section requires a public or private sports field, court, or similar
facility to open.

h. Commercial activities that are not authorized by permit — including, but not
limited to —private or group exercise classes that assess a fee such as fitness
classes, boot camps, beach yoga, dance classes, etc., are still not permitted in
public parks.
(Approved by GOV/HI-EMA 5/13/20).

10. Drive-in services. Starting on May 15, 2020, drive-in services (e.g., spiritual/religious
services) may be conducted provided all of the following:

a. All persons attending the service must drive up in an enclosed vehicle and remain
in that same vehicle during the entire service.

b. Vehicle windows, sunroofs and convertible tops must remain closed during the
entire service, unless the vehicle is parked more than six (6) feet away from any
other vehicle.

c. Each vehicle may only be occupied by members of the same household or living
unit.

d. All City, state, and federal laws related to vehicle operation must be followed.

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 e. Organizers and employees of the services must follow current City, State, and
CDC guidelines.

f. Generally, no food, beverages, equipment, or materials of any kind may be

distributed or collected during the service. However, organizers may use
unattended drop-boxes, or distribute preordered food, beverages, equipment, or
materials consistent with CDC guidelines and this Order. Attendees of the service
must remain in their vehicles at all times, except to use the restroom while
complying with Social Distancing Requirements (including wearing a face
covering and maintaining six (6) feet of physical distance between others).
Where restroom facilities are provided, the organizers must ensure the availability
of handwashing stations or sanitizer, and the routine maintenance and cleaning of
the facilities consistent with CDC guidance.
(Approved by GOV.HI-EMA 5113120)

11. Beaches. Starting May 16, 2020, the beach closures in Governor David Y. Ige’s Seventh
Supplemental Proclamation, and any subsequent proclamation, are not applicable to the
City. In addition to those activities already allowed (e.g., ocean access and exercise),
beaches or sand bars within the City may also be utilized with the following restrictions:

a. All groups are limited to members of the same household or living unit.

b. No group can exceed ten (10) persons.

c. All persons using the beach, who are not part of members of the same household
or living unit, shall comply with Social Distancing Requirements, provided that a
caregiver may accompany a dependent.

d. The beach or sand area may only be used one-half hour before sunrise to one-half
hour after sunset, unless the person is engaged in shore fishing or permitted
outdoor exercise.

e. All other State of Hawaii or City restrictions related to COVID- 19 must be

followed, including, but not limited to, any applicable quarantine restrictions.

This section is subject to specific beach closures as designated by the City (including any of its
departments) and the State of Hawai’i Department of Land and Natural Resources.

APPROVED:

Dad\NgJ4
Governor of Hawai’ i
or
Major General Kenneth Hara
Director, HI-EMA
(Approved by GOV’HI.EMA 5!I5;20)

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12. In-person spiritual services. Starting May 23, 2020, in-person spiritual services may be
conducted provided all of the following are implemented:

a. All persons present at the service must maintain six (6) feet of physical distance
between others, except members of the same household or living unit. Organizers are
encouraged to limit the number of persons attending their in-person spiritual services
to ensure this physical distancing requirement is met.

b. Organizers and employees are strongly encouraged to develop and implement

appropriate COVID- 19 mitigation plans and procedures for their respective in-person
services, which should include, but are not limited to, addressing the following issues:
i. Usage of face coverings.
ii. Safeguards for higher risk populations consistent with CDC guidance,
available at https://www.cdc .gov/coronavirus/20 1 9-ncov/fag .html#Higher
Risk.
iii. Persons who are sick.
iv. Personal hygiene.
v. Usage of hand sanitizer and sanitizing products.
vi. Cleaning and disinfection.
vii. Online and remote access andlor drive-in services.
viii. Signage.
ix. Limiting community sharing of worship materials and other frequently
touched items.

c. Organizers and employees of in-person spiritual services must follow to the greatest
extent possible current COVID-19 related: City guidelines; State of Hawaii
guidelines’ CDC guidelines (available at https ://www.cdc gov/coronaviru s/20 19-
.

ncov/community/organizations/index .html), and their respective spiritual

organizations’ guidelines.
(Approved by GOV/H1-EMA 5/21/20);

13. Restaurants. This section applies to restaurants only. Bars and nightclubs remain closed.
Starting June 5, 2020, restaurants in the City may resume table service dining under the
following requirements, conditions, and privileges:

a. General.
i. Continued compliance with all State of Hawai’i and City regulatory and
legal standards for operating a food services business.
ii. Compliance with Social Distancing Requirements (as modified by this
“Restaurants” section).
iii. Development, posting, and implementation of written protocols
(“COVID-19 Mitigation Plan”) consistent with this section; Centers for
Disease Control and Prevention (“CDC”) guidance (available here:
https ://www cdc.gov/coronavirus/20 1 9-ncov/comrnunity/guidance-
.

business-response.html), as updated or superseded; and, to the extent

6
 practicable, the National Restaurant Association’s Reopening Guidance
(available at https ://restaurant.org/Downloads/PDFs/business/COVID 19-
Reopen-Guidance.pdf).

b. Operations.
i. Face coverings (as defined in Order 5).
• Employees Cooks and kitchen staff that do not interact with the
-

public are encouraged, but not required, to wear face coverings

during their shifts. All other restaurant employees must wear face
coverings during their shift.
• Customers Customers must wear face coverings when entering
-

and leaving the restaurant facility, but may remove the face
coverings while seated.
ii. Group dining is limited to a maximum often (10) individuals per group.
iii. Seating shall be arranged so that six (6) feet of separation is maintained
between dining groups.
iv. Condiments shall be by request in single-use disposable packets, or
reusable condiment containers that are sanitized between parties.
v. Tables and chairs must be fully sanitized after each group (or individual
customer) leaves the restaurant.
vi. When non-disposable dishware and utensils are used, they must be
sanitized after each use consistent with Hawaii Department of Health
guidance and regulations, and “best practices” of the U.S. Food & Drug
Adminstration (“FDA”) (available here: https://www.fda.gov/food/food
safety-during-emergencies/best-practices-re-opening-retail-food
establishments-during-covid- 19-pandemic), as updated or superseded.
vii. Provide disposable menus or menu boards, or sanitize reusable menus
after each use.
viii. Hourly touch-point sanitization (workstations, equipment, screens, door
knobs, restrooms, etc.) required.
ix. No self-service buffets or drink stations

c. Hygiene.
i. Employer must provide hand washing capability or sanitizer for employees
and customers.
ii. An adequate supply of soap, disinfectant, hand sanitizer, and paper towels
must be available at all times.
iii. Frequent hand washing/sanitizing by employees is required.

d. Staffing.
i. Provide training for employees regarding these requirements and each
restaurant’s respective COVID-19 Mitigation Plan (as defined in subsection
a.iii above).
ii. Conduct pre-shift screening, maintain staff screening log.
iii. No employee displaying symptoms of COVID-19 should provide services to
customers. Symptomatic or ill employees should not report to work.

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 iv. No person should work within 72 hours of exhibiting a fever or other CO VIP-
19 symptoms, and follow the CDC’s “What To Do If You Are Sick”
guidance, available at https ://www .cdc. gov/coron avirus/20 1 9-ncov/if-you-are-
sicklsteps-when-sick.html.
v. Employer must establish a plan for employees getting ill and a return-to-work
plan following CDC guidance, which can be found online at:
https://www.cdc.gov/coronavirus/20 1 9-ncov/community/guidance-business-
response. html.

e. Cleaning and Disinfecting.

i. Cleaning and disinfecting must be conducted in compliance with CDC
guidance.
ii. When an active employee is identified as being COVID-19 positive by testing,
cleaning and disinfecting must be performed as soon after the confirmation of
a positive test as practical consistent with CDC guidance.
iii. CDC guidance can be found online at:
https://www.cdc. gov/coronavirus/20 1 9-ncov/community/disinfecting-
building-facility.html

f. Encouraged practices. Restaurants are encouraged to do the following:

i. Have customers enter and exit through different entries using one-way traffic,
where possible.
ii. Start or continue entryway, curbside, and home delivery.
iii. Encourage making reservations, preordering for dine-in service, and ordering
for contactless pickup and delivery either by telephone or other remote means.
iv. Implement cashless and receiptiess transactions.

g. Pilot sidewalk/outdoor dining privilege. From the effective date of this section,
through the termination of Mayor’s COVID-19-related Emergency Proclamation
(as supplemented), restaurants abutting City property may use City Property for
dining and take-out operations under the following conditions:
i. The restaurant must be on the ground floor and abut paved City property
ii. Upon 24-hour’s notice, the restaurant must vacate City property for
regular maintenance by City (e.g. steam cleaning).
iii. The restaurant are responsible for own equipment, furniture, and supplies,
which must be stored elsewhere during closed hours.
iv. The utilized City property py only be used by the restaurant during its
business normal hours, but shall not be used between the hours of
11:00p.m. and 7:00 a.m.
v. The restaurant is responsible for compliance with any additional
requirements relating to its Hawaii Department of Health Food
Establishment Permit.
vi. Liquor sales, if any, on the utilized City property must be authorized under
the restaurant’s liquor license and applicable law.
vii. No additional signage is permitted within the utilized City property.

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 viii. Dining services must be consistent with the requirements of this section 11,
including Social Distancing Requirements and physical spacing of tables and
customers.
ix. Furniture must be located at least six (6) feet from any vehicular ramp,
driveway or street intersection.
x. No live or amplified music is allowed on the utilized City property.
xi. Furniture shall not be placed over planter strips and tree wells
xii. Furniture shall be outside an eight (8)-foot radius around bus stops and a five
(5)-foot radius around fire hydrants.
xiii. All fire lanes shall be open and accessible at all times.
xiv. The restaurant is responsible for rubbish collection.
xv. Restaurants must cease operations completely when Mayor’s COVID-19-
related Emergency Proclamation (as supplemented) is no longer in effect.
xvi. Violations of these requirements will result in forfeiture of this privilege.
xvii. Sidewalk/outdoor dining under this section may include parklets (i.e., use of
abutting parking/street spaces converted to dining space), subject to pedestrian
clearance, traffic, and safety issues as determined by the City through the
department(s) having authority over those issues.
xviii. Where sidewalks are present on all or part of the utilized City property, the
restaurant must ensure a clear right of way of at least 36 inches at all times,
(although 48 inches is recommended).
xix. For restaurants abutting “pedestrian malls”, as more specifically defined in
Section 29-1.1, et seq. of the Revised Ordinances of the City and County of
Honolulu 1990 (as amended), the following additional requirements apply:
• A clear 20-foot wide right of way to accommodate delivery and
emergency vehicles must be maintained at all times
• Operation cannot exceed mall hours
• No liquor service is allowed
• All rubbish must be removed nightly
• If the ground of the City property utilized consists of payers,
the restaurant must take precautions to prevent and address
food, liquid, and grease spills
xx. For restaurants abutting a City park or playground, use of the City Property is
limited to seven (7) feet from property line, and no more than one row of
tables.
xxi. Activities permitted under this section may begin upon acceptance by the City
of a completed liability form and proof of insurance.
(Approved by GOV/HI-EMA 5/21/20).